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2023-09-14T18:19:12Z
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Non-material Amendment
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2023-09-14T18:24:18Z
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Created page with "Following a planning application that has been approved by the local planning authority, it might be necessary to make changes to the application. For applications that do not materially change the development that was approved, it is possible to submit an application for a '''non-material amendment'''. A non-material amendment is defined in Section 96A of the ''Town and Country Planning Act 1990''. There is no statutory definition of what constitutes a non-material ame..."
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Following a planning application that has been approved by the local planning authority, it might be necessary to make changes to the application. For applications that do not materially change the development that was approved, it is possible to submit an application for a '''non-material amendment'''. A non-material amendment is defined in Section 96A of the ''Town and Country Planning Act 1990''.
There is no statutory definition of what constitutes a non-material amendment, however, and the definition of such amendment is up to the local planning authority to decide. As a result, definitions of non-material amendments differ by authority. Notwithstanding this, if the local planning authority deems that the amendment is not non-material, a full planning application will be required.
The fee to submit a non-material amendment is fixed at £234 by the UK Government; if submitted through the Planning Portal, a service charge applies, bringing the total cost to £298.
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2023-09-14T19:26:03Z
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Following a planning application that has been approved by the local planning authority, it might be necessary to make changes to the application. For applications that do not materially change the development that was approved, it is possible to submit an application for a '''non-material amendment'''. A non-material amendment is defined in Section 96A of the ''Town and Country Planning Act 1990''.
There is no statutory definition of what constitutes a non-material amendment, however, and the definition of such amendment is up to the local planning authority to decide. As a result, definitions of non-material amendments differ by authority. Notwithstanding this, if the local planning authority deems that the amendment is not non-material, a full planning application will be required.
When submitting a non-material amendment, it is not usually necessary for a public consultation, but if the applicant is not the sole owner of the land that the development is associated with, then it is necessary to serve notice to those who have a freehold and/or leasehold interest in the land.
The fee to submit a non-material amendment is fixed at £234 by the UK Government; if submitted through the Planning Portal, a service charge applies, bringing the total cost to £298.
==Statutory Definition==
<blockquote>
''(1) A local planning authority may make a change to any planning permission, or any permission in principle granted following an application to the authority, relating to land in their area if they are satisfied that the change is not material.''
''(2) In deciding whether a change is material, a local planning authority must have regard to the effect of the change, together with any previous changes made under this section, on the planning permission or permission in principle as originally granted.''
''(3) The power conferred by subsection 1 includes power to make a change to a planning permission:''
**''to impose new conditions;''
**''to remove or alter existing conditions.''
''(4) The power conferred by subsection 1 may be exercised only on an application made by or on behalf of a person with an interest in the land to which the planning permission or permission in principle relates.''
''(5) An application under subsection 4 to a local planning authority in England must be made in the form and manner prescribed by development order.''
''(5A) A development order may provide that an application under subsection 4 to a local planning authority in Wales must be made:''
**''in the form prescribed by the order or in a form published by the Welsh Ministers; and''
**''in the manner prescribed by the order.''
''(6) Subsection 7 applies in relation to an application under subsection 4 made by or on behalf of a person with an interest in some, but not all, of the land to which the planning permission or permission in principle relates.''
''(7) The application may be made only in respect of so much of the planning permission or permission in principle as affects the land in which the person has an interest.''
''(8) A local planning authority in England must comply with such requirements as may be prescribed by development order as to consultation and publicity in relation to the exercise of the power conferred by subsection 1.''
''(9) A development order may make provision about how a local planning authority in Wales are to deal with an application under subsection 4, including provision imposing requirements as to consultation and publicity and as to when steps specified in the order are to be taken.''
''(10) For the purposes of this section as it applies in relation to Wales, a person has an interest in land only if in relation to that land or any mineral in, on or under it the person:''
**''is the estate owner of the fee simple;''
**''is entitled to a tenancy granted or extended for a term of years certain of which not less than two years remain unexpired;''
**''is the mortgagee of any interest or estate in the land; or''
**''is a party to an estate contract within the meaning of section 2(4) of the Land Charges Act 1972.''
</blockquote>
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